700 



a) The term "person indemnified" means (1) 

 with respect to a nuclear incident occurring within 

 the United States or outside the United States as 

 the term is used in section 2210(c) of this title, and 

 with respect to any nuclear incident in connection 

 with the design, development, construction, opera- 

 tion, repair, maintenance, or use of the nuclear ship 

 Savannah, the person with whom an indemnity 

 agreement is executed or who is required to main- 

 tain financial protection, and any other person who 

 may be liable for public liability or (2) with respect 

 to any other nuclear incident occurring outside the 

 United States, the person with whom an indemnity 

 agreement is executed and any other person who 

 may be hable for pubhc liability by reason of his 

 activities under any contract with the Commission 

 or any project to which indemnification under the 

 provisions of section 2210 <d> of this title has been 

 extended or under any subcontract, purchase order, 

 or other agreement, of any tier, under any such 

 contract or project. 



. « • • • 



(V) The term "production facility" means (1) any 

 equipment or device determined by rule of the Com- 

 mission to be capable of the production of special 

 nuclear material in such quantity as to be of signifi- 

 cance to the common defense and security, or in 

 such manner as to affect the health and safety of 

 the public: or (2) any important component part 

 especially designed for such equipment or device as 

 determined by the Commission. 



(w) The term "public liability" means any legal 

 liability arising out of or resulting from a nuclear 

 incident, except: (i) claims under State or Federal 

 workmen's compensation acts of employees of per- 

 sons indemnified who are employed at the site of 

 and in connection with the activity where the 

 nuclear incident occurs; (ii) claims arising out of 

 an act of war: and (iii) whenever used in section 

 2210(a) , (c) , and (k) of this title, claims for loss of. 

 or damage to, or loss of use of property which is lo- 

 cated at the site of and used in connection with the 

 licensed activity where the nuclear incident occurs. 

 "Public liability" also includes damage to property 

 of persons indemnified: Provided, That such prop- 

 erty is covered under the terms of the financial pro- 

 tection required, except property which is located at 

 the site of and used in connection with the activity 

 where the nuclear incident occurs. 



(x) The term "research and development" means 



(1) theoretical analysis, exploration, or experimen- 

 tation: or (2) the extension of investigative findings 

 and theories of a scientific or technical nature into 

 practical application for experimental and demon- 

 stration purposes, including the experimental pro- 

 duction and testing of models, devices, equipment, 

 materials, and processes. 



* * * ^ y. 



(z) The term "source material" means (1) urani- 

 um, thorium, or any other material which is deter- 

 mined by the Commission pursuant to the provisions 

 of section 2091 of this title to be source material: or 



(2) ores containing one or more of the foregoing 

 materials, in such concentration as the Commission 

 may by regulaUon determine from time to time. 



(aa) The term "special nuclear material" means 

 (1) Plutonium, uranium enriched in the isotope 233 

 or in the isotope 235. and any other material which 

 the Commission, pursuant to the provisions of sec- 

 tion 2071 of this title, determines to be special 

 nuclear material, but does not include source ma- 

 terial: or (2) any material artificially enriched by 

 any of the foregoing, but does not include source 

 material. 



■x -K -K -n ^ 



(CO) The term "utilization facility" means (1) 

 any equipment or device, except an atomic weapon, 

 determined by nile of the Commission to be capable 

 of making use of special nuclear material in such 

 quantity as to be of significance to the common de- 

 fense and security, or in such manner as to affect 

 the health and safety of the public, or peculiarly 

 adapted for making use of atomic energy in such 

 quantity as to be of significance to the common de- 

 fense and security, or in such manner as to affect 

 the health and safety of the public: or (2) any 

 Important component part especially designed for 

 such equipment or device as determined by the 

 Commission. (Aug. 1, 1946, ch. 724, § 11, as added 

 Aug. 30. 1954, ch. 1073, § 1, 68 Stat. 922, and amended 

 Aug. 6, 1956. ch. 1015. § 1, 70 Stat. 1069: Sept. 2, 1957, 

 Pub. L. 85-256, § 3, 71 Stat. 576: Aug. 8. 1958, Pub. L. 

 85-602, § 1, 72 Stat. 525: Sept. 6, 1961, Pub. L 87-206, 

 §§ 2, 3, 75 Stat. 476: Aug. 29, 1962, Pub. L. 87-615, 

 §§ 4, 5, 76 Stat. 410: Oct. 13, 1966, Pub. L. 89-645, 

 § Ka), 80 Stat. 891; Dec. 31, 1975, Pub. L. 94-197, 

 § 1. 89 Stat, nil.) 



■i: -K * -K ■i' 



§2021. Cooperation with States. 



(a) Purpose. 



It is the purpose of this section — 



(1) to recognize the interests of the States in 

 the peaceful uses of atomic energy, and to clarify 

 the respective responsibilities under this chapter 

 of the States and the Commission with respect to 

 the regulation of byproduct, source, and special 

 nuclear materials; 



(2) to recognize the need, and establish pro- 

 grams for, cooperation between the States and the 

 Commission with respect to control of radiation 

 hazards associated with use of such materials; 



(3) to promote an orderly regulatory pattern 

 between the Commission and State governments 

 with respect to nuclear development and use and 

 regulation of byproduct, source, and special nu- 

 clear materials: 



(4) to establish procedures and criteria for dis- 

 continuance of certain of the Commission's regu- 

 latory responsibilities with respect to byproduct, 

 source, and special nuclear materials, and the as- 

 sumption thereof by the States; 



(5) to provide for coordination of the develop- 

 ment of radiation standards for the guidance ot 

 Federal agencies and cooperation with the States; 

 and 



(6) to recognize that, as the States improve 

 their capabilities to regulate effectively such ma- 

 terials, additional legislation may be desirable. 



(b) Agreements with States. 



Except as provided in subsection (c) of this sec- 



